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People v. Jonathan

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 19, 2021
192 A.D.3d 1496 (N.Y. App. Div. 2021)

Opinion

255 KA 20-00589

03-19-2021

The PEOPLE of the State of New York, Respondent, v. Ra JONATHAN, Defendant-Appellant. (Appeal No. 2.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALLYSON L. KEHL-WIERZBOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALLYSON L. KEHL-WIERZBOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

PRESENT: PERADOTTO, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon his plea of guilty, of strangulation in the second degree ( Penal Law § 121.12 ). In appeal No. 2, defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of strangulation in the second degree ( § 121.12 ) and imposing a determinate term of imprisonment, followed by a period of postrelease supervision. We note at the outset that we dismiss the appeal from the judgment in appeal No. 1 because defendant raises no contentions with respect thereto ( see People v. White , 173 A.D.3d 1852, 1852, 104 N.Y.S.3d 474 [4th Dept. 2019] ; People v. Scholz , 125 A.D.3d 1492, 1492, 3 N.Y.S.3d 860 [4th Dept. 2015], lv denied 25 N.Y.3d 1077, 12 N.Y.S.3d 628, 34 N.E.3d 379 [2015] ).

Contrary to defendant's initial contention, the Court of Appeals has rejected the assertion that waivers of the right to appeal should be invalid per se ( see People v. Thomas , 34 N.Y.3d 545, 557-558, 558 n. 1, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Seaberg , 74 N.Y.2d 1, 8-9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989] ). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of his sentence ( see People v. Viehdeffer , 189 A.D.3d 2143, 2144, 134 N.Y.S.3d 906 [4th Dept. 2020] ; People v. Love , 181 A.D.3d 1193, 1193, 118 N.Y.S.3d 475 [4th Dept. 2020] ), we conclude that the sentence is not unduly harsh or severe.


Summaries of

People v. Jonathan

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 19, 2021
192 A.D.3d 1496 (N.Y. App. Div. 2021)
Case details for

People v. Jonathan

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Ra JONATHAN…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Mar 19, 2021

Citations

192 A.D.3d 1496 (N.Y. App. Div. 2021)
140 N.Y.S.3d 832